Arrange

ments of congress

to be fol

lowed.

force and effect, all bills, actions and suits, and the proceedings thereon, moved, commenced and instituted by the commissioners who were appointed under the said act, and not yet ended; and also in so far as to continue in office for and during the term of one year from the first day of January next, John Lewis Gervais, one of the commissioners under the said act, shall be, and the same is hereby continued until the first day of January, in the year one thousand seven hundred and ninety-six: Provided also, That the said John Lewis Gervais, in addition to the duties required of him by the above mentioned act, do open, and keep open the books for receiving subscriptions for the loan, instituted by this act, and receive the subscriptions until the last day of September next, and to perform all other duties required by this act.

Be it further enacted by the authority aforesaid, That John Lewis Gervais is hereby directed, in all cases where his duty is not plainly or expressly pointed out by this act, to follow, as near as may be, what has been done by the officers of the United States, in carrying into effect the arrangements made by Congress, for funding their debts and paying the interest on the same.

In the Senate House, the twentieth day of December, in the year of our Lord one thousand seven hundred and ninety-four, and in the nineteenth year of the Independence of the United States of America.

DAVID RAMSAY,

President of the Senate.

JACOB READ,

Speaker of the House of Representatives.

An ACT for compelling persons residing in this state, to attend and give evidence, under commission, in suits depending in other states; and also to compel persons to attend and give evidence under 'commissions issuing out of the courts of this state, and to give evidence before Justices of the Peace, in causes within their jurisdiction.

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the state to

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states.

Eit enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the same, That where a commission shall here- Witnessafter issue out of any court of judicature in ano- es living in ther of the United States, to examine any witness or witnesses residing in this state, touch- ed on coming any cause, matter or thing depending in such mission court, the person having obtained such com- courts of mission, or his or her agent, shall produce it to other a judge of the supreme courts, or county courts, of the state, who, on being satisfied of its authenticity and regularity, shall direct a subpœna to issue, in due form, from the clerk's office of the nearest court of common pleas, or county court, as the case may be, requiring the witness or witnesses named in such commission, to attend before the commissioners therein also named, at a certain time, and at some place not exceeding fifteen miles from the residence of such witness or witnesses respectively, and give evidence fully, according to their knowledge, touching all such matters as shall be charged and set forth in the interrogatories and cross interrogatories, annexed to such commission; which subpoena shall be served on the witness or witnesses, personally, at least two days before the time at which attendance is required by it; and such witness or witnesses, so attending and giving evidence, shall be entitled to the sum of

four shillings and eight pence each, for every day of necessary absence from home, and his or her necessary ferringes in going to and from, and attending the said commissioners, to be paid by the party obtaining the commission, or his or her agent, before it is delivered out of the hands of the commissioners, who are hereby authorized and required to estimate the number of days for which payment is allowed as aforesaid, and to retain the commission till such payment be made; and if any witness, on whom such subpoena shali be served, shall refuse or neglect to attend, according to the command thereof, or so attending, shall refuse to answer, on cath, to the interrogatories and cross interrogatories thereunto annexed, or any of them, such witness shall be liable to the same actions, penalties and pains to which witnesses are liable, who refuse or neglect, when duly subpoenaed, to attend in any court of record of this state, or so attending, refuse to give evidence: Provided, That nothing herein contained, shall authorize commis sioners to attach or commit persons summoned as witnesses; but that any of the superior courts of this state, on such subpoena as is herein mentioned, being produced, and satisfactory information made on oath, that it was personally and in due time served on any witness therein named, who refused or neglected to attend, according to the command of the said subpoena, or attending, refused to answer as aforesaid, shall have power, and is hereby required to order an attachment against such witness, to appear and answer for such neglect or refusal, as for a contempt of the court; which attachment shall be served and executed by the sheriff of that court where it was awarded, or his deputy, and shall run into any part of this state; and suchother proceed.

ings shall be had thereon as are usual and allowed in other cases of attachment for contempt.

Commissi

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And be it further enacted by the authority aforesaid, That where a commission shall issue by consent of parties, or otherwise, out of any ons may iscourt of judicature in this state, to examine any sue by conwitness or witnesses, residing within this state, sent of partouching any matter or thing depending in such amine witcourt, the said court shall have power, and is nesses rehereby required to issue a subpoena in due and within the legal form, commanding such witness or wit- state, unnesses to attend before the commissioners, namder penaled in the commission, at a certain time, and at attendsome place, not more than fifteen miles from the ance. residence of such witness or witnesses respectively, and answer, on oath, according to their knowledge, to the interrogatories and cross interrogatories annexed to the said commission; which subpoena shall be served personally on the witness or witnesses therein named, at least two days before attendance is required by it, and such witness or witnesses, so attending and giving evidence, shall be entitled to the same compensation, to be assessed and secured in the same manner, and in case of neglect or refusal to attend, or refusal to give evidence, shall be liable to the same actions, pains and penalties, and proceeded against in the same manner, as is provided by the first clause of this act, for the case of witnesses to be examined in causes pending in other states. Provided, That nothing in the foregoing part of this act shall be held to extend to persons unable to leave home, by reason of age, infirmity, sickness or bodily hurt; all which persons, whenever it may be necessary to examine them by commission, in causes depending either in this state or other states, shall be attended by the commissioners; and in case

Justices of

may cite

of their refusal to give evidence, or to answer to the interrogatories and cross interrogatorics under any such commission, shall be liable to the action of the party who may be injured by the want of their testimony, and shall make reparation in damages for such injury,

And be it further enacted by the authority aforesaid, That any justice of the peace in this the peace state, on the application of any party to a cause within his jurisdiction, and depending before to appear, him, shall have power, and is hereby required to under pe- issue a summons, citing any person or persons nities for whose testimony may be required in such cause,

witnesses

refusal.

except persons confined by age, infirmity, sickness or bodily hurt, to appear before him at a certain time, and at some place not more than twenty miles from the residence of such person or persons respectively, and give evidence in the said cause; which summons shall be personally served on such person or persons, at least three days before the time at which attendance is required by it; and if any such person or persons, on being personally served in due time with such summons, shall refuse or neglect to attend, or attending, shall refuse to give evidence, the party aggrieved by such neglect or refusal, may apply to the county court of the county, and where there are no county courts, to the nearest superior court of the state; which courts, or any of them, on such application, and production of the summons, with due proof of the service, neglect or refusal aforesaid, are hereby authorized and required to proceed against such witness or witnesses, by attachment, as for a contempt, in the same manner now used and allowed, in the case of witnesses who refuse or neglect to appear in any of the said courts, when duly subpoenaed, or appearing, refuse to give